United States v. Santos Zamora-Salazar
2017 U.S. App. LEXIS 11529
| 5th Cir. | 2017Background
- Zamora-Salazar was charged with conspiracy to import methamphetamine, aiding and abetting importation, and being an illegal alien in possession of a firearm; after a three-day jury trial he was convicted on the drug counts and the firearm count (he did not appeal the firearm conviction).
- Cooperating co-defendant Cruz-Becerra testified that his cousin Victor in Mexico shipped packages containing methamphetamine to Cruz-Becerra’s Texas address and messaged when shipments were sent. Cruz-Becerra did not open the packages.
- On two occasions Zamora-Salazar and his half-brother Diaz arrived within ~30 minutes of Victor’s messages, loaded sealed packages (both bearing Mexican shipping labels) into Zamora-Salazar’s Escalade, and drove away. A later controlled delivery revealed ~6 kg of methamphetamine hidden in an AC unit.
- After law enforcement tailed the vehicle, agents found drug residue and a sawed-off shotgun at Zamora-Salazar’s residence; he fled, was arrested, Mirandized, and admitted he knew the AC unit had contained methamphetamine and that he reported to someone called “Big Z.”
- At sentencing the PSR applied a two-level obstruction enhancement under U.S.S.G. §3C1.1 based on an alleged jailhouse threat to Cruz-Becerra; the district court overruled defense objections and sentenced Zamora-Salazar to 360 months (bottom of Guidelines range).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy to import | Gov: evidence (timing, labels, communications, admissions) supports that Zamora-Salazar agreed to and participated in importation | Zamora-Salazar: involvement occurred only after arrival in U.S.; no proof he knew packages came from abroad or agreed to import | Conviction affirmed — jury could reasonably infer agreement, knowledge, and role |
| Sufficiency of evidence for importation (aiding and abetting) | Gov: he retrieved shipments from Mexico, saw Mexican labels, admitted knowledge of drugs — satisfied elements | Zamora-Salazar: like Paul, he only retrieved goods after entry and lacked knowledge of foreign origin | Conviction affirmed — evidence supports role, knowledge, and intent to further importation |
| Applicability of Paul precedent | N/A (Gov argued facts distinguish Paul) | Zamora-Salazar: relies on Paul to argue lack of pre-arrival knowledge/role | Court: Paul distinguishable — here labels, repeated timely pickups, and admissions supported awareness and prior communication |
| Obstruction-of-justice sentencing enhancement under U.S.S.G. §3C1.1 | Gov: jailhouse statements amounted to a threat to intimidate cooperator, justifying +2 enhancement | Zamora-Salazar: trial testimony was ambiguous/vague and PSR statement differed; enhancement clearly erroneous | Enhancement affirmed — district court’s factual finding was plausible on the record and not clearly erroneous |
Key Cases Cited
- Lopez-Monzon v. United States, 850 F.3d 202 (5th Cir. 2017) (standard for sufficiency review and elements for importation offenses)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (any rational trier of fact standard for sufficiency challenges)
- Paul v. United States, 142 F.3d 836 (5th Cir. 1998) (reversed importation conspiracy where defendants lacked notice/role in foreign-origin shipment)
- Lechuga v. United States, 888 F.2d 1472 (5th Cir. 1989) (conspiracy may be inferred from concerted action; knowledge inferred from circumstances)
- Pando Franco v. United States, 503 F.3d 389 (5th Cir. 2007) (elements for aiding and abetting importation)
- Juarez-Duarte v. United States, 513 F.3d 204 (5th Cir. 2008) (obstruction enhancement is factual and reviewed for clear error)
- Caldwell v. United States, 448 F.3d 287 (5th Cir. 2006) (permissibility of drawing reasonable inferences to support sentencing enhancements)